WESTVUE NPL TRUST II v. HOLLY GOKEY

2017-10130, Index No. 9067/15.

175 A.D.3d 1463 (2019)

109 N.Y.S.3d 321

2019 NY Slip Op 06647

WestVue NPL Trust II, Appellant, v. Holly Gokey, Respondent, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

September 18, 2019.


Attorney(s) appearing for the Case

Stim & Warmuth, P.C., Farmingville, NY ( Glenn P. Warmuth of counsel), for appellant.

Ugell Law Firm, P.C., New City, NY ( Paul S. Cooper of counsel), for respondent.

Austin, J.P., Miller, Barros and Iannacci, JJ., concur.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the cross motion of the defendant Holly Gokey which was, in effect, pursuant to CPLR 3211 (a) (5) to dismiss the complaint insofar as asserted against her as time-barred is denied.

In February 2007, the defendant Holly Gokey executed a note in the sum of $341,250 in favor of Lancaster Mortgage Bankers, LLC. The note was secured by a mortgage on residential property...

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